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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Horseshoe Bay Resort Destinations LLC, a Texas limited liability company (“Horseshoe Bay Resort”), its affiliates, agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (collectively "Representatives"), I hereby agree to release, indemnify, and discharge Horseshoe Bay Resort & its Representatives and Crescent Hotels and Resorts & its Representatives, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows or in my role as parent or guardian of a participant under the age of 18:

1. I acknowledge that participating in the inflatable water slide, waterpark, inflatable amusements and water activities (collectively this “Activity”) entails known and unanticipated risks including, without limitation, physical or emotional injury, paralysis, death, or damage to myself, to personal property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activity. The risks also include, among other things: water hazards; accidental drowning; collision with fixed objects or people; slipping and falling; musculoskeletal injuries including, without limitation, head, neck, and back injuries; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; transmissible pathogens or diseases; exposure to potentially dangerous wild animals, insect bites, hazardous plant life; aggressive and/or poisonous marine life; the negligence or gross negligence of Horseshoe Bay Resort and its Representatives, other participants or other persons who may be present; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; equipment failure or operator error; weather conditions; and my own physical condition. Furthermore, I acknowledge that Horseshoe Bay Resort’s Representatives have difficult jobs to perform and are unaware of my fitness, health, abilities or general medical condition.

2. I expressly agree and promise to accept and assume all of the risks (including, without limitation, those risks described in Section 1) existing related to this Activity. My participation in this Activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a Horseshoe Bay Resort approved personal flotation device (life jacket) while participating in this Activity.

3. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS HORSESHOE BAY RESORT & ITS REPRESENTATIVES, CRESCENT HOTELS AND RESORTS & ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, WHICH ARE IN ANY WAY CONNECTED WITH MY PARTICIPATION IN THIS ACTIVITY OR MY USE OF HORSESHOE BAY RESORT EQUIPMENT OR FACILITIES, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE THE NEGLIGENCE OR GROSS NEGLIGENCE OF HORSESHOE BAY RESORT AND/OR ITS REPRESENTATIVES.

4. In the event that Horseshoe Bay Resort or its Representatives incur attorney's fees and related costs to enforce this agreement, Horseshoe Bay Resort and its Representatives shall be entitled to recover all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in this Activity, and in the event that I do not have adequate insurance I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have or any medical or physician condition aggravated by this Activity.

6. In the event that I file a lawsuit against Horseshoe Bay Resort or its Representatives, I agree to do so solely in Burnett County, Texas, and I further agree that Texas law shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, such provision shall not affect the validity or enforceability of the remainder of this agreement, and such court shall revise such unenforceable provision to the minimum extent necessary to render the same legally enforceable in a manner that conforms as nearly as possible to the intent of the parties.

BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN THIS ACTIVITY, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST HORSESHOE BAY RESORT & ITS REPRESENTATIVES AND CRESCENT HOTELS AND RESORTS & ITS REPRESENTATIVES ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM HEREIN. I ALSO AGREE THAT THIS DOCUMENT IS VALID FOR SUBSEQUENT VISITS AND PARTICIPATION AT HORSESHOE BAY RESORT. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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